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Can i sue a company that went out of business

Lowell, MA |

i had pics done at a famous portrait studio that went out of business prior to delivery my pictures can i sue them or are they protected by bankruptcy

the company was sears portrait studio which says its out of business, but they are owned by CPI corporation which i understand declared babkruptcy I ENDED UP RECIEVING MY PICTURES AFTER ALL BECAUSE THEY HAD ALREADY BEEN PRINTED AND SHIPPED BEFORE THEY WENT OUT OF BUSINESS AND WERE ALREADY EN ROUTE TO THE STORE WHEN THEY WENT OUT OF BUSINESS

Attorney Answers 4


Going out of business and bankruptcy are two different things. If they have simply closed the business, you may sue them. Whether or not any award you may receive will be collectible is another question, and it bears investigating whether the is any hope of recovery before filing a suit. If, however, the business has filed for bankruptcy protection in the US Bankruptcy court, it is likely futile to bring a suit in state court against the business. I recommend consulting with counsel if your loss is substantial, if it is a few hundred dollars, you may be out of luck.

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If they filed for bankruptcy, you need to pursue any claim in the bankruptcy matter. If they haven't filed for bankruptcy, then you can still sue the company, the problem is that if they are out of business they may not have any assets to use to satisfy your losses. Did you pay with a credit card? Call the number on your credit card statement about disputing charges. They will probably reverse the charge.

If you do need to sue the company , you may be able to do it yourself in small claims court in the jurisdiction where the company was located.

IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. The answers provided by R. Russell O’Rourke, Attorney-at-Law as a free informational service only. Without thoroughly reviewing your case neither I nor any other attorney can give you a complete answer upon which you could or should rely. Your reading of this or any of my answers does not create an attorney client relationship between us. Legal cases are often very fact specific and need a qualified attorney to properly review ALL of your materials and fully discuss your case with you before you decide the right course of action to take. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.

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If in bankruptcy? No unless allowed by the court

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If the goal is to get your pictures, it might be worth Googling to see if anyone took over their operations. Typically, the assets may still have value, including a customer list, work in progress, and in this case, the pictures already taken. While you might have to pay extra, if the pictures are important, it might make sense to dig around a little to see if anyone has the "originals."

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